Attachment 4 - Bailment Agreement.pdf

ATTACHMENT 4

Bailment Agreement

U.S. Department of Homeland Security Countering Weapons of Mass Destruction Office 245 Murray Lane Mail Stop 0315 Washington, DC 20528

Company Name Street Address ATTN: Company POC City, State, Zip Code

Re: Personal Radiation Detector - BAILMENT AGREEMENT

In accordance with the U.S. Department of Homeland Security (“DHS”), Countering Weapons of Mass Destruction Office (“CWMD” or “Bailee”), Personal Radiation Detector ("PRD") Program Solicitation 70RWMD20R00000003 (“Solicitation”), [insert Company Name] (hereafter referred to as “Bailor” or “Offeror”) voluntarily enters into this Bailment Agreement (“Agreement”) to provide CWMD up to eight (8) Personal Radiation Detectors, in support of the Government’s technical evaluation. This Bailment is for the mutual benefit of the Bailor and Bailee (collectively “the Parties”).

PURPOSE

The purpose of this Bailment Agreement is to make available up to eight (8) PRDs from the Bailor for technical evaluation by the Bailee in order to award a contract or contracts under the Solicitation.

EFFECTIVE DATE

The effective date of this Agreement is the date that both parties have signed below.

This Agreement shall be in full force and effect until 31 December 2020 or until the bailed property is returned to the Bailor, or purchased by the Bailee, whichever is later.

BAILED PROPERTY AND USE

The following items are included in this agreement:

1. Eight (8) Personal Radiation Detectors

2. Any ancillary items required to operate the PRD

3. Operation Manual

Bailor will provide the required items as set out below, no later than 14 August 2020

(this date corresponds with the date the proposal is due). Failure to meet this delivery date may preclude the Offeror's PRD from being considered for award.

Bailment Agreement

Bailor shall deliver their devices configured and with appropriate threshold settings as they recommend for the test and provide a written list of those configurations and settings as part of their technical volume and a copy included with the shipment of PRDs.

Bailor will provide the PRDs for the duration of the PRD Technical Evaluation, that is planned to conclude on or about 30 October 2020. Key planning dates are as follows:

Delivery: 14 August 2020 Testing: 26 August - 23 September 2020 Projected return of property to Bailor: 31 October 2020

Other than the delivery which is required on the specified date the proposals are due, actual dates may vary, and the above dates are for general planning purposes.

Bailor authorizes DHS CWMD and its representatives to use their PRDs in Test and Evaluation (T&E). The units subjected to environmental, ruggedness, and high exposure rate tests may require refurbishment after the test. CWMD assumes no responsibility for refurbishment costs.

CONDITION OF PROPERTY

The property shall be furnished by the Bailor to the Bailee in fully functioning condition.

The property will be returned to the Bailor from the Bailee in “as is” condition after the conclusion of testing. The Bailee will assume a reasonable standard of care consistent with a bailment for the mutual benefit of the Parties, but shall not be liable for ordinary wear and tear that occurs from testing or shipment.

DELIVERY, INSPECTION, AND RETURN OF BAILED PROPERTY

The PRDs shall be shipped to the following location:

Pacific Northwest National Laboratory Attn: Lisa Stoetzel /BRM# TBD No PO Battelle for the USDOE 790 6th Street Richland, WA 99354

The Bailor shall be responsible for shipping costs for delivery to Pacific Northwest National Laboratory. Bailee is responsible for shipping costs for return of PRDs to Bailor. Contact [Lisa Stoetzel, Lisa.Stoetzel@PNNL.gov. at Pacific Northwest National Laboratory following the instruction in Attachment A to this bailment agreement] to make shipping arrangements.

COST OF BAILMENT

It is agreed to by the Parties that the Bailed Property shall be provided under this Agreement at no cost to the Bailee or to any employees, officers, or instrumentalities of the United States of America.

Bailment Agreement

DAMAGE TO OR LOSS OF BAILED PROPERTY

Bailee shall be liable for the loss of or damage to the Bailed Property while in the possession of the Bailee solely to the extent provided in accordance with the Federal Tort Claims Act (FTCA) under a standard of care applicable to a bailment for the mutual benefit of the bailor and bailee.

Bailee shall not be responsible for wear and tear to the Bailed Property that is occasioned by normal and ordinary usage or testing. In the event of complete loss or irreparable damage to the bailed property due to gross negligence, Bailee’s maximum liability shall not exceed the Fair Market Value of the Bailed Property.

ANCILLIARY SUPPORT

Bailor may need to provide on-call technical support to the CWMD PRD Evaluation Team.

If there is a system failure during the testing, if feasible, Bailor will be given an opportunity to repair the system on a non-interference basis. Bailor understands that repair or replacement may not be feasible when applicable factors are considered (shipping, timing, logistics, etc.), and therefore, the decision to allow or disallow a repair/replacement rests solely with DHS CWMD. The Bailor will be responsible for all costs for repair and/or replacement of a system during testing.

PUBLICITY

Bailor will not use the name of DHS CWMD or any other government agency on any advertisement, product or service which is directly or indirectly related to the Technical Evaluation associated with this Bailment Agreement. By accepting this Bailment Agreement, the Bailor understands that DHS CWMD does not directly or indirectly endorse any product or service provided, or to be provided, by the Offeror, its successors, assignees, or licensees. The Bailor will not in any way imply that this Bailment Agreement is an endorsement of any such product or service. The Bailor will not express or imply that its participation in this program resulted in any type of “pass/fail” or “approval” or “certification” or other such imprimatur on the part of the Government or any other program participants.

PROCUREMENT INTEGRITY

The Parties agree that until notified otherwise by the Contracting Officer, all data generated as a result of the testing will be considered Procurement Sensitive.

CHOICE OF LAW

The construction, validity, performance, and effect of this Bailment Agreement for all purposes will be governed by the laws of the United States of America.

Bailment Agreement

By signature below, the Offeror agrees to the terms and conditions contained herein.

Offeror/Bailor Representative Date Title Organization

By signature below, DHS CWMD agrees to the terms and conditions contained herein.

Ms. Annemarie Spence Date Contracting Officer U.S. Department of Homeland Security Office of Procurement Operations

DRAFT ATTACHMENT 4 – 70RWMD20R00000003 Bailment Agreement

Bailment Agreement

Appendix A: Shipping Requirements

Offeror will coordinate and ship their PRDs to:

Pacific Northwest National Laboratory

Attn: Lisa Stoetzel /BRM# TBD [coordinate with PNNL, see below]

Battelle for the USDOE

790 6th Street

Richland, WA 99354

Offeror must complete the following questionnaire and coordinate directly with PNNL at least 15 days prior to shipping.

Vendor Questionnaire for Shipping of CWMD STCPRD Systems:

The purpose of this questionnaire is to collect information about the vendor systems to support test and evaluation planning. Each vendor is requested to complete the questionnaire as thoroughly as possible for each instrument model provided for testing. Answers can be provided by referencing specific citations in attached documentation, such as a user manual. Please reply prior to shipping your instruments.

Required information

PNNL cannot receive your device(s) without the following information, in order to comply with recently revised Department of Commerce export regulations and PNNL shipping and receiving regulations.

Not all items will be applicable to your device(s); indicate non-applicability by entering N/A in the relevant section.

If you have any questions, please contact Lisa Stoetzel at Lisa.Stoetzel@PNNL.gov.

Export information

Item Response

ECCN (Export Control Classification

Number)1

HTS (Harmonized Tariff Schedule)2

1 If your device is a prototype or a non-commercial product, it probably doesn’t have one of these.

2 HTS code for ionizing radiation detectors is 9030.10.00. Unless you are sending this from Cuba or North Korea, there is no tariff. You may check https://hts.usitc.gov/?query=radiation%20detector to verify, if you wish.

mailto:Lisa.Stoetzel@PNNL.gov https://hts.usitc.gov/?query=radiation%20detector

Equipment information: List the equipment that you are sending us and an assumed dollar value.

Accessories (cables, USB hubs, etc.) may be combined in one entry. Computers, cell phones, etc. should be listed separately.

Item Value ($US) Manufacturer Model Serial #

Attach another sheet if you need more space.

Specific hazard information

If your device(s) contains Lithium-Ion batteries, please provide this information:

o Manufacturer and Part Number of the battery(s):

o Has the battery passed UN/DOT 38.3 testing:

o Is the battery inside or outside the unit:

o Battery watt hours:

If your device contains gases, at any pressure, please provide the following information:

o Type of gas (He3, Ar, etc.):

o Number of tubes:

o Tube manufacturer:

o Tube dimensions:

o Gas pressure:

If your device contains any added radioactive source, of any isotope or kind, including NORM, please provide the following information:

o Isotope:

o Form (liquid, solid, gas):

o Activity:

o Other clarifying information, as applicable:

Detector specific information:

Question Answer

General Information

Manufacturer Name

Instrument/Detector

Model Name

Model Version (if applicable)

Manufacturer Contact

Information

Manufacturer Shipping

Address

Detector Type (e.g.

CLYC, He-3, etc.)

Device Type (backpack, handheld, mobile, etc.) – if applicable.

Question Answer

Physical Specs

What are the physical dimensions of the instrument?

What is the mass of the instrument (including any moderating materials)?

Are there special shipping restrictions (due to radioactive sources, compressed gasses, lithium ion batteries, etc.)? If so, make sure the first part of this form is filled out.

What are the power requirements for the equipment?

Is the equipment certified for electrical safety by an independent laboratory

(e.g., UL-listed)? If not, please provide details such as whether there is any exposed high voltage, or other shock potentials, etc.